Acts and Regulations

R-10.6 - Right to Information and Protection of Privacy Act

Section 22
Disposition versions

Full text
Disclosure harmful to a third party’s business or financial interests
22(1)The head of a public body shall refuse to disclose to an applicant information that would reveal
(a) a trade secret of a third party,
(b) commercial, financial, labour relations, scientific or technical information supplied to the public body by a third party, explicitly or implicitly, on a confidential basis and treated consistently as confidential information by the third party, or
(c) commercial, financial, labour relations, scientific or technical information the disclosure of which could reasonably be expected to
(i) harm the competitive position of a third party,
(ii) interfere with contractual or other negotiations of a third party,
(iii) result in significant financial loss or gain to a third party,
(iv) result in similar information no longer being supplied to the public body when it is in the public interest that similar information continue to be supplied, or
(v) reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute.
22(2)The head of a public body shall refuse to disclose to an applicant information about a third party that was collected on a tax return or for the purpose of determining tax liability or collecting a tax.
22(3)Subsections (1) and (2) do not apply if
(a) the third party consents to the disclosure,
(b) the information is publicly available,
(c) an Act of the Legislature or an Act of the Parliament of Canada expressly authorizes or requires the disclosure, or
(d) the information discloses the final results of an environmental test conducted by or for the public body unless the test was done for a fee paid by the third party.
22(4)Subject to section 34 and any other exception provided for in this Act, the head of a public body may disclose a record that contains information described in subsection (1) or (2) if, in the opinion of the head, the private interest of the third party in non-disclosure is clearly outweighed by the public interest in disclosure for the purposes of
(a) improved competition, or
(b) government regulation of undesirable trade practices.
22(5)Subject to section 34 and any other exception provided for in this Act, the head of a public body shall disclose a record that contains information described in subsection (1) or (2) if, in the opinion of the head, the private interest of the third party in non-disclosure is clearly outweighed by the significant public interest in disclosure for the purposes of public health or safety or protection of the environment.
Disclosure harmful to a third party’s business or financial interests
22(1)The head of a public body shall refuse to disclose to an applicant information that would reveal
(a) a trade secret of a third party,
(b) commercial, financial, labour relations, scientific or technical information supplied to the public body by a third party, explicitly or implicitly, on a confidential basis and treated consistently as confidential information by the third party, or
(c) commercial, financial, labour relations, scientific or technical information the disclosure of which could reasonably be expected to
(i) harm the competitive position of a third party,
(ii) interfere with contractual or other negotiations of a third party,
(iii) result in significant financial loss or gain to a third party,
(iv) result in similar information no longer being supplied to the public body when it is in the public interest that similar information continue to be supplied, or
(v) reveal information supplied to, or the report of, an arbitrator, mediator, labour relations officer or other person or body appointed to resolve or inquire into a labour relations dispute.
22(2)The head of a public body shall refuse to disclose to an applicant information about a third party that was collected on a tax return or for the purpose of determining tax liability or collecting a tax.
22(3)Subsections (1) and (2) do not apply if
(a) the third party consents to the disclosure,
(b) the information is publicly available,
(c) an Act of the Legislature or an Act of the Parliament of Canada expressly authorizes or requires the disclosure, or
(d) the information discloses the final results of an environmental test conducted by or for the public body unless the test was done for a fee paid by the third party.
22(4)Subject to section 34 and any other exception provided for in this Act, the head of a public body may disclose a record that contains information described in subsection (1) or (2) if, in the opinion of the head, the private interest of the third party in non-disclosure is clearly outweighed by the public interest in disclosure for the purposes of
(a) improved competition, or
(b) government regulation of undesirable trade practices.
22(5)Subject to section 34 and any other exception provided for in this Act, the head of a public body shall disclose a record that contains information described in subsection (1) or (2) if, in the opinion of the head, the private interest of the third party in non-disclosure is clearly outweighed by the significant public interest in disclosure for the purposes of public health or safety or protection of the environment.